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Service of Process

1.  Choice of Method of Service. An attorney or pro se litigant requesting service of process on any pleading or document must complete the form called, "Service Instruction Form" before service shall be commenced.

The attorney or pro se litigant must elect in writing from among the following forms of service:

  1. Service through the office of the sheriff by other than certified mail.
  2. Service by a process server authorized or appointed by the provisions of K.S.A. 60-303.
  3. Return receipt delivery service by the pro se litigant or attorney. The responsibility for obtaining service and effecting its return shall be on the attorney or pro se litigant. The original receipt for service (e.g., in the case of certified mail, the green card) must be filed with the clerk's office before service can be perfected.
  4. Return receipt delivery service by the office of the sheriff. The responsibility for obtaining service and effecting its return shall be on the sheriff.

If the attorney or pro se litigant fails to elect the type of service, service will be done by certified mail through the office of the sheriff (K.S.A. 60-303 (b)).

The attorney or pro se litigant must sign any form designated for that purpose before the clerk will commence proceedings and such form shall accompany all service applications.

2.  Service Instruction Form. The choice of method of service shall be indicated pursuant to the form set forth below. An attorney or pro se litigant requesting service of process must clearly state the complete address of the person or entity service is to be made upon. A separate Service Instruction Form must be submitted for each person or entity to be served unless service is at the same address.

IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT

_______________________
_______________________
v.                                                                   Case No._______
_______________________                        Div. No. ____
_______________________                        Chap. ______

SERVICE INSTRUCTION FORM

To:  Clerk of the District Court

You are hereby instructed to effect service among the litigant(s), as follows:

_____ a. Service through the office of the sheriff other than by certified mail.

_____ b. Service by a process server authorized or appointed by the provisions of K.S.A. 60-303.

_____ c. Return receipt delivery service by the undersigned litigant/attorney, who understands that the responsibility for obtaining service and effecting its return shall be on the attorney/litigant. The receipt for service (e.g., in the case of certified mail, the green card) must be filed with the clerk's office before service can be perfected.

_____ d. Certified mail service by the office of the sheriff. The undersigned understands that the responsibility for obtaining service and effecting its return shall be on the sheriff.

                                           _________________________
                                           _________________________
                                           _________________________
                                           _________________________
                                           _________________________
                                           _________________________
                                           Signature
                                           Name
                                           Address
                                           Phone Number
                                           Ks. Sup. Ct. #

3.  Return on Service by Return Receipt Delivery. When service has been made by return receipt delivery, a form shall be filed following the form set forth below.

IN THE DISTRICT COURT OF JOHNSON COUNTY, KANSAS
CIVIL COURT DEPARTMENT

_______________________
_______________________
v.                                                                Case No._______
_______________________                     Div. No. ____
_______________________                     Chap. ______

RETURN OF SERVICE FOR RETURN RECEIPT DELIVERY

STATE OF KANSAS )
                                        ) SS:
COUNTY OF JOHNSON )

The undersigned hereby states that the following Return for Receipt of Service was served on the litigant by the method checked below on _____________________, 20___.

______ Certified mail
______ Priority mail
______ Commercial courier service
______ Overnight delivery service
______ Other (Please specify: ____________________________)

(place return receipt here)

                                       __________________
                                       Signature

On this _____ day of __________________, 20___, the above person known to me executed this document.

                                       __________________
                                       Notary Public

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